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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34275
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was instructed in care proceedings to undertake an assessment

Resolved Question:

I was instructed in care proceedings to undertake an assessment client who had legal aid funding - the instructing solicitors passed the case on to another firm before the care proceedings were finalised or the account with legal aid and myself settled. is the new solicitors practice who went on to hold the legal aid certificate liable to meet the cost.
The instruction was agreed in court and the matter was settled some time ago though being a high cost case Legal aid have not yet paid out
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
Did the order that referred to the report also specify how the fee would be shared between the parties?
Clare
Customer: replied 2 years ago.

I can't find the order first instruction but have a letter of instruction from the MGM solicitors - it says that she has public funding and does not say the costs are shared, but will be met by her public funding. The second piece of work on this case was an assessment of Mother and update on MGM I have an copy of the order and a letter of instruction this states that the matter should be equally shared by mother and MGM who are on public funding. I then attended court to give evidence and this was by instruction on behalf of mother and MGM

Expert:  Clare replied 2 years ago.

Did you bill them separately?
Clare
Customer: replied 2 years ago.

I provided 3 invoices in respect of MGM - the first solely account to her public funding assessment, the second was shared between Mother and MGM and covered the updating on MGM's assessment and mother's assessment and the third was again shared between mother and MGM at court.

I provided another two seperate invoices 's public funding (and have taken out a small claim against them as they to have not been able to pay due to the LAA not settling the solicitors acccount) mothers invoices represent her share of her assessment and MGM's updating assessment and attendance at court

Expert:  Clare replied 2 years ago.

Have the other invoices been paid?
Have you spoken to the original solicitors and ask if their replacements gave an Undertaking to deal with matters?
Clare
Customer: replied 2 years ago.

None of the invoices have been paid, the original solicitor said that the matter relating to his case had been taken over by the new solicitors firm - I beleive they may have ceased child care work. The original solicitor had paid £100 in good faith as a start and the new solicitors have also made to small token payments. The solicitors mother who have seperate invoices costs have not paid as they too are waiting funding to settle their whole account, but as yet they have not denied responsibility instruction. My issue is are the new solicitors who took on the case in full responsible instruction and settling the account.

Expert:  Clare replied 2 years ago.

Did the original solicitors say anything about the new solicitors having given an Undertaking?
Clare
Customer: replied 2 years ago.

yes the original Solicitors said that the new solicitors would arrange bill payment as the legal aid funding certificates were with them

Expert:  Clare replied 2 years ago.
Ann
I am sorry but you need something more specific from the original solicitors.
You need to write to them and ask if they obtained the Undertaking of the new solicitors to deal with the invoices - and of so could you have a copy.
If they refuse to let you have a copy then point out to them politely that they actually remain liable to your debt unless there is an undertaking in place as your contract was with them and not the Legal Aid Agency
If they did not get an Undertaking then I am afraid that you will have to re-issue against the previous solicitors reason
Please ask if you need further details
Clare
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